115Exemptions for leases for temporary accommodation—the Act, s 748(2)

115 Exemptions for leases for temporary accommodation—the Act, s 748(2)

115 Exemptions for leases for temporary accommodation—the Act, s 748(2)

(1) This section applies to community land in the following areas—

(a) Ballina local government area,

(b) Byron local government area,

(c) City of Lismore local government area,

(d) Clarence Valley local government area,

(e) Kyogle local government area,

(f) Richmond Valley local government area,

(g) Tweed local government area.

(2) This section does not apply to community land categorised as a natural area or an area of cultural significance in a plan of management for the community land.

(3) Community land used for the purposes of temporary accommodation development, as authorised by a temporary accommodation lease, is exempt from the operation of the Act, sections 45(2), 46, 46A, 47A and 47C.

Note—

The specified provisions of the Act—

(a) generally restrict the granting of leases and subleases in relation to community land, and

(b) impose certain requirements for the granting of leases, including requirements for tendering, the giving of notices to certain persons and obtaining the Minister’s consent to the grant of a lease.

(4) In this section—

public authority has the same meaning as in the Environmental Planning and Assessment Act 1979.

temporary accommodation development means development carried out without development consent under State Environmental Planning Policy (Housing) 2021, section 135.

Note—

State Environmental Planning Policy (Housing) 2021, section 135 allows development for the purposes of caravan parks and camping grounds to be carried out without development consent in certain circumstances.

temporary accommodation lease means a lease of community land granted by a council to a public authority for the purposes of temporary accommodation development.